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Terms of Service

   Terms and Conditions for Using Netmar Systems

 1. This agreement, is made by and between Netmar, Inc., dba #1 Dedicated
    Servers, d/b/a Netmar World Wide Web Services, hereinafter referred to
    as Netmar, and You, the entity applying for a service of any
    kind, hereinafter referred to as service,
    from Netmar, hereinafter referred to as Customer.
 2. Netmar, reserves the right to refuse any service to any
    organization for individual for any reason.  Customer agrees that Netmar
    may not be held liable for any decision to so refuse or provide service.
 3. Netmar makes no warranties, either expressed or implied, including
    but without being limited to any warranties of merchantibility or fitness
    for any particular purpose.
 4. Netmar takes no responsibility for materials posted in Customer's
    account, even if such materials are setup and/or maintained by Netmar.
    This includes, without being limited to responsibility and liability
    for accuracy of information, libel, slander, defamation, and copyright
    infringement whether or not the publishing and/or
    posting of such materials over the Internet constitues a violation of any
    local, state, federal, or national law.  All such responsibilities and
    liabilities fall upon Customer.
 5. Customer agrees that Netmar may not be held liable for indirect,
    special, or consequential damages or lost profits or revenues arising out of
    this agreement, the performance or breach thereof, the service Netmar
    provides to Customer, the failure of Netmar to provide such service, or
    Customer's use of the service.
 6. Customer agrees to indemnify and hold harmless, Netmar from any claim,
    damage, expense, cost, or loss arising out of this agreement, the
    performance or breach thereof, the service Netmar provides to Customer, the
    failure of Netmar to provide such service, or Customer's use of the service
    including, but not limited to claims for direct, indirect,
    special, consequential, or punitive damages, or lost profits or revenues
    over copyright infringement, dafamation, libel, or denial of service.
 7. Customer agrees that Netmar may cease provision of service at any time
    and for any reason without liability to Customer.  If this cessation of
    service is due to non-payment of billed charges, Customer agrees that Netmar
    may hold Customer data until charges are paid, with the exception that data
    may be completely erased if held for more than 30 days in a closed account.
 8. Netmar makes no service level warranty or guarantee.  Customer agrees
    that Netmar may not be held liable for damages in the event of
    unavailability of Customer data over the Internet.
 9. Customer agrees that Netmar may not be held liable for failure to
    provide service to Customer for any reason.  In the event that this
    restriction is prohibited by local, state, or national law or court action,
    Customer agrees that in no event shall Netmar's liability to Customer
    exceed the total amount Customer paid to Netmar.
 10. Netmar expressly forbids anyone from using Netmar systems for the
    propogation, distribution, housing, processing, storing, or otherwise
    handling in any way lewd, obscene, or pornographic material, or any other
    material which we deem to be objectionable, including, but not limited to,
    pornography, satanic materials, any and all materials of an adult nature,
    defamatory materials, slanderous or libelous materials, and any copyrighted
    materials for which specific reprint permission has not been obtained
    directly from the copyright holder(s).  The designation of any materials
    as such described above is left entirely to the discretion of the Netmar
    management.  In the event that Netmar terminates service to Customer for
    violation of this clause, any deposits, prepayments, or other monies
    of Customer held by Netmar and any rights, privileges, or other consideration
    granted Customer under any guarantees, warranties, either express or implied,
    are forfeited by Customer.  This shall not be deemed to construe that
    Netmar makes any warranty of any kind.
 11. Netmar Unix shell accounts are for use in maintenance
    of World Wide Web pages and associated data stored on Netmar systems.
    All users are expected to use network resources in a conscientious and
    reasonable manner, as determined by Netmar system administrators.
    Intentional misuse of network and/or system resources, or use for activities
    not related to, or in support of locally stored World Wide Web pages is not
    allowed.
 12. Users of Netmar systems may not, at any time, transmit from or through
    Netmar systems, email advertisements to any company or individual who has not
    previously requested information, either by an online WWW Guestbook,
    email, or some other form of previous contact.
 13. Users of Netmar systems may not engage in intentionally abusive or
    illegal activity from, on, or through Netmar systems.  Additionally, certain
    types of software which are deemed to use excessive system resources may not
    be installed in user accounts.  Only the publically installed versions
    of these types of programs, if any, may be used.  Such software includes, but
    is not limited to Web chat software, and mailing list software.
 14. Use of Netmar systems constitutes consent to monitoring.  
    Netmar is not obligated to announce such monitoring.  Netmar will not
    disclose information obtained by monitoring to any third parties unless
    required by law or requested by a law enforcement agency.
 15. Fees for hourly work are billed NET 20, and due 20 days from billing date.
 16. Netmar accepts payment in the form of company and personal checks,
    money orders, certified cashiers' and bank checks, international
    monetary drafts drawn on U.S. funds, MasterCard, Visa, American Express,
    Discover, and Diners' Club.  Cash payments may be made in person
    only. DO NOT SEND CASH THROUGH THE MAIL.
 17. All Netmar invoices are due NET 20 days from date of invoice unless
    explicitly stated otherwise on the invoice.
 18. Past due accounts with balances in excess of $10 will be assessed a late
    charge of $10 immediately after the due date, plus 1.5% per 30 days
    beginning 30 days after the due date.  Customer agrees to pay such late
    fees.
 19. Customer accounts will remain in effect from the date of setup through
    the date of closure requested in writing.  All account closures must be
    requested in writing.  No accounts will be closed without specific written
    request.  Customer agrees to pay for all services rendered, including,
    without being limited to, monthly service ordered from the time of setup
    through the date of account closure as requested in writing, but not
    sooner than the date the request is received by Netmar.
 20. Grace Period- International customers have a 15-day
    grace period to allow for the extra mailing time of international mail
    PROVIDED PAYMENT IS MAILED ON OR BEFORE THE DUE DATE.  There is NO GRACE
    PERIOD FOR U.S.  DOMESTIC accounts.  U.S. domestic account payments not
    RECEIVED on or before the due date are considered late, regardless of
    check or postmark dates.
 21. Customers opting to have invoices automatically billed to their credit
    cards will receive a $2.00/month credit for each invoice successfully
    charged.
 22. Customers who pay their initial setup charges by credit card ARE NOT
    AUTOMATICALLY PLACED ON AUTO-BILLING.  The Credit Card Authorization Form
    MUST BE SIGNED AND RETURNED before recurring charges can be billed to a
    credit card.
 23. Any accounts 90 or more days past due may be submitted to a national
    collection agency for collection action.  
    fee.  Customer accepts
    liability for any costs incurred by Netmar in the collection of any amounts
    owed by Customer to Netmar, including, without being limited to collection
    agency fees, reasonable attorney's fees, court costs, legal fees, postage
    and courier fees, long distance telephone charges, and employee labor costs.
 24. Customer agrees that accounts 15 or more days past due may be suspended
    at any time.  Data in such accounts may be withheld by Netmar pending
    payment of all outstanding charges on the suspended account and others held
    by the same Customer.  In the event that an account becomes 90 or more days
    past due, Customer agrees that Netmar may take possession of any or all of
    Customer's data stored on Netmar systems.
 25. Customer agrees that in no event shall Netmar's liability to Customer
    exceed the total amount Customer paid to Netmar.
 26. This Agreement is the sole agreement between the parties relating to the
    subject matter hereof and supersedes all prior understandings, writings,
    proposals, representations or communications, oral or written, of either
    party.  This Agreement may be amended only by Netmar upon modification
    to this document posted on Netmar's World Wide Web site at
    http://netmar.com/about/legal/.
 27. This Agreement shall be interpreted in its entirety in accordance with
    the substantive laws of the State of North Carolina.
 28. Customer agrees that any court action brought under this agreement shall
    be brought in the jurisdiction of the State of North Carolina, in the
    county of Durham.
 29. The term of this agreement shall be the period of time during which
    Customer has an open account with Netmar.
 30. In the event of any termination or cancellation of this agreement, terms
    which are intended to continue and survive shall so continue and survive.